SCHEDULE 2Exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions
PART 1Primary legislation
1
Section 28 of the Leasehold Reform Act 1967 (retention or resumption of land required for public purposes)110.
2
The following provisions of the Local Government Act 1972111—
a
section 102(6) to (11) (appointment of committees);
b
section 223(2) (appearance of local authorities in legal proceedings);
c
paragraph 6ZA of Part 1 of Schedule 12 (meetings and proceedings of local authorities).
3
Section 5(3)(baa) of the Rent (Agriculture) Act 1976 (no statutory tenancy where landlord’s interest belongs to Crown or to local authority etc.)112.
4
Section 14(1)(caa) of the Rent Act 1977 (landlord’s interest belonging to local authority, etc.)113.
5
Sections 95, 96A, 97 and 98 of the Local Government, Planning and Land Act 1980 (land held by public bodies)114.
6
Sections 33 (enforceability by local authorities of certain covenants relating to land) and 41 (lost and uncollected property) of the Local Government (Miscellaneous Provisions) Act 1982115.
7
Sections 13AB(8)(f) and 13B(4)(g) of the Representation of the People Act 1983 (alteration of registers)116.
8
Section 60 of the County Courts Act 1984 (right of audience)117.
9
The following provisions of the Housing Act 1985118—
a
section 80(1) (the landlord condition);
b
section 157(1) (restriction on disposal of dwelling-houses in National Parks);
c
section 171(2) (power to extend right to buy);
d
section 573(1) (meaning of public sector authority);
e
paragraph 2(1) of Schedule 1 (tenancies which are not secure tenancies);
f
grounds 7 and 12 in Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies);
g
ground 5 in Schedule 3 (grounds for withholding consent to assignment by way of exchange);
h
paragraph 7(1) of Schedule 4 (qualifying period for right to buy and discount);
i
paragraph 5(1)(b) of Schedule 5 (exceptions to the right to buy).
10
Section 38 of the Landlord and Tenant Act 1985 (minor definitions)119.
11
Section 7 of the Local Government Act 1986 (transfer requires mortgagor’s consent)120.
12
Section 58 of the Landlord and Tenant Act 1987 (exempt landlords and resident landlords)121.
13
Sections 111, 113, 114 and 114A of the Local Government Finance Act 1988 (financial administration)122.
14
Paragraph 12(2)(g) of Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies)123.
15
Section 39 of the Local Government Finance Act 1992 (precepting and precepted authorities)124.
16
Section 33 of the Value Added Tax Act 1994 (refunds of VAT in certain cases)125.
17
Section 94 of the Police Act 1996 (financing of new police and crime commissioners)126.
18
Paragraph 57 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)127.
19
Sections 21 and 22 of the Local Government Act 2003 (accounts)128.
20
The following provisions of the Fire and Rescue Services Act 2004129—
a
section 3(7) and (9) (creation of combined fire and rescue authorities: supplementary);
b
section 4A (power to provide for police and crime commissioner to be fire and rescue authority);
c
Schedule A1 (procedure for orders under section 4A);
d
Schedule A2 (application of legislation relating to police and crime commissioners).
21
The following provisions of the PRSR Act—
a
section 1(1) to (4) (police and crime commissioners)130;
b
sections 50 to 61 (elections and vacancies);
c
section 69 (validity of acts);
d
sections 71 to 75 (elections: further provision);
e
section 102(3) (interpretation: police and crime commissioner’s staff);
f
Schedule 1, paragraphs 2, 3, 5(1), 6(1), (2), and (4), and 7 (police and crime commissioners);
g
Schedule 6, paragraphs 33 to 35 (duty to nominate elected mayor to be a member of police and crime panel);
h
Schedule 10 (elections: consequential amendments).
22
Paragraph 19 of Schedule 2 to the Local Audit and Accountability Act 2014 (relevant authorities)131.
23
The following provisions of the Policing and Crime Act 2017132—
a
section 5(7)(a) and (9)(a) (collaboration agreements: definitions);
b
paragraph 92 of Schedule 1 (amendments to Schedule 6 to the Police Reform and Social Responsibility Act 2011).
PART 2Secondary legislation
24
The Police and Crime Commissioner Elections Order 2012.
25
The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012133.
26
The Police and Crime Commissioner Elections (Returning Officers’ Accounts) Regulations 2012134.
27
The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012135.
28
The following provisions of Schedule 2 to the Local Government Pension Scheme Regulations 2013 (scheme employers)136—
a
paragraph 6 of Part 1;
b
Part 4.
29
The Police and Crime Commissioner Elections Order 2015137.
30
Article 7 of the Chancellor of the Duchy of Lancaster Order 2015138.
31
The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015139
32
The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2020140.
33
The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2020141.
34
The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2021142.